Neighbours pipe from boiler pushed through boundary wall

[Norski1]

Hi, I live in a semi-detached house and my neighbours, who we shared a fence with between the driveways, had planning permission to build a substantial extension to their house. We objected to the size of the extension but permission was granted and sadly my partner passed away not long after this.
What was once the fence has now become the boundary wall with one side of the wall being their kitchen and the other my driveway. One day a small copper pipe appeared poking through the wall to my side and within days a curved end piece was added on obviously from my side without my permission or knowledge. I have been told it is a pipe from a combi boiler but not a flue.
I have been in touch with the planning department at the council and they*describe it as*'de minimis' and if I feel that there has been an encroachment onto my land then it would be a civil matter. It is only protruding from the wall 2 inches or so but I don't think he has a right to do this whereas he thinks he has every right.
If someone could please help I would be very grateful as I am finding this difficult to deal with on my own. He is not an approachable type.

[des8]

From your post i should think that is a pressure release pipe, and if it comes into play it may discharge hot steam/water, so not very pleasant if one is next to it.
I believe it should be angled back into the wall.

If it overhangs your property it is certainly a trespass, and you could apply for an injunction to stop it
Whether or not it would be granted is another matter as it could well be regarded as de minimis

Possibly you would be awarded damages for the nuisance caused
Compensatory damages for trespass are based on what sum you might, hypothetically, have agreed for the right to install the pipe over your land.
Aggravated damages may be awarded for mental distress or injury to feelings but only when the trespass' conduct has been high-handed, insulting or oppressive

[Norski1]

Thanks for your reply des8, yes it is angled back into the wall so it will be the pressure release pipe as you say.

It only overhangs about 2 inches but the fact is it has come through to my side and there was also a*trespass when someone came up my drive and fitted the curved cap on the end.

Being the type of person that*he is I would never have given permission for this pipe to come through to my side of the wall.

I am assuming I would have to pay to apply for an injunction. Would that be to have the pipe removed and also how would I apply for the injunction?

[Norski1]

I will add des8 that this area of my driveway is regularly used by myself as I have plant pots and troughs on the ground as well as hanging baskets and troughs on the walls regularly needing attention and watering.

[des8]

You really don’t want to be involved in a neighbour dispute if at all possible. The legal costs involved can be frightening. People have lost their houses in these kinds of cases. If you can, you should try to resolve things peacefully and quickly with your neighbour. . It’s worth trying anything to peacefully resolve the issues, without incurring legal fees.
But there is an emotional cost as well. You have to live next to your neighbour whilst fighting them in court, and afterwards

Your first step is to write to your neighbour pointing out that he is committing a trespass, and you want it to cease.
(unless of course you are prepared to sell him the right to have the discharge pipe over your ground in which case you name your price and hopefully negotiate a mutually satisfactory outcome which is probably the more preferable way forward)
The courts expect you to attempt a resolution without court action.

If either option doesn't result in an agreement you will need to apply for an injunction.
You can do this yourself, but if your house insurance includes Legal Expenses they might fund a solicitor for you.

[Norski1]

Thanks des8, I will write a letter to*the neighbour*pointing out*he is committing a trespass*and it needs to stop otherwise legal action will be taken. Is this the way to word it?

[des8]

if you aren't prepared to sell him an easement, basically yes.
do note though that applying for an injunction doesn't mean you will automatically get it granted

[Norski1]

My neighbour and I have already come to the stage where we do not speak, there are other issues which occurred last year before my partner died and I just see this man as a bully who thinks he can do as he likes.